wJudge Certifies Multi-State Collective Action on Behalf of TOMS King's Restaurant Managers and Restaurant General Managers-in-Training | Conway Legal, LLC Skip to Content

Judge Certifies Multi-State Collective Action on Behalf of TOMS King’s Restaurant Managers and Restaurant General Managers-in-Training

March 29, 2021 | by on General

Restaurant Managers (“RMs”) and Restaurant General Managers-in-Training (“RGMITs”) at “Burger King” restaurants operated by TOMS King today received conditional certification of a collective action in order to recover unpaid overtime for working more than 40 hours in a workweek.  The judge overseeing the case found there was sufficient evidence to demonstrate that they were similarly situated and could proceed with sending notice of the lawsuit to hundreds of other RMs and RGMITs to permit them to join the case.  The RMs and RGMITs allege that TOMS King violated federal and Pennsylvania law by misclassifying them as exempt from overtime compensation.  (The positions have since been re-classified as non-exempt and individuals are entitled to receive overtime compensation.). The lawsuit asserts that, prior to January 1, 2020, RMs and RGMITs were required to work more than 40 hours a week and spent the majority of their time serving customers, ringing customers up on the cash register, preparing food, working the drive-thru, stocking, counting inventory, and cleaning the restaurant.  TOMS King operates more than 130 restaurants across Pennsylvania, Illinois, Ohio, North Carolina, and Virginia.  RMs and RGMITs who worked for TOMS King and are eligible to join the case will soon receive notice of the lawsuit.  A copy of the judge’s decision can be found here.

If you worked as an RM and/or RGMIT for for TOMS King at any time during the last three years and were classified as exempt from overtime (and received a salary), you may be eligible to join the case.  If you would like more information , please call Conway Legal at (215) 278-4782.

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